CONSTITUTIONAL ARGUMENT REGARDING AMENDMENT II

In reading the II Amendment: A well regulated Militia, being

necessary to the security of a free State, the right of the
people to keep and bear Arms, shall not be infringed.

There can be opposing arguments made over the issue of

Militia, but first there is a difference that must be clarified.
The Military is established under several paragraphs within
the body of the Constitution as duty of Congress. The
Military by these terms are Federal and by definition provide
for the common defense. They can not be defined as Militia
since all issues of funding, training, and use are under direct
Congressional Authority nor can the National Guard or
Reserves of the various services. The National Guard is a
State regulated military force that is Federally funded,
trained, organized, and equipped, though in State service.
The Guard is readily Federalized as a secondary response
mobilization force back stopping the Regular Services or
functioning in conjunction with the Regular Services.

The Militia is by paragraph and there for by definition the

Body of Citizens, who, though unorganized can respond to or
be called to actual service in times of emergency. The draft
of Citizens is a formalized process that does call on all able
bodied individuals for a term of service equal to the duration
of an emergency; a Militia by its nature is a spontaneous
mobilization of Citizens in response to an immediate
impending emergency. Average Citizens responding to a
non war disaster are in effect an undefined Militia acting in
cooperation with Federal or State forces, but as individuals
not otherwise belonging to Federalized forces.

There is no language to prevent and succinct language to

address the establishment of a Militia of the people. I
interpret this to recognize the final defense for the common
good is the People; the Citizens. The Government is of the
people and for the people. The final arbitrator of this Right is
therefore the People, or more comprehensively the Citizens.

Established in the preamble, which carries the context of all

that follows, and as an Amendment of the body of the
Constitution Amendment II is by structure and fact
incorporated with all other Amendments and wholly of the
Constitution. The Constitution and Bill of Rights by design
and convention are a single body for governance.

This governance is of the people, the final arbitrators, and

therefore unassailable. Why is such a simple concept so
difficult to grasp. The only argument possible is defeated by
the Rule of the Constitution and of the People who are in the
finale rendering the material of the common defense. There
can be no infringement; there can be no additional
Amendment of Prohibition added that would not violate core
tenants of the Constitution abridging the common good and
violating the rights of Citizens.